Patio, pergola or shade sails

Pergolas, louvred roof structures, and shade sails

• Single houses or grouped dwellings: Development (Planning) Approval is typically not required. However, for properties designated with a dual-density code (e.g., R20/40) and constructed at the higher density level (e.g., R40), obtaining Development (Planning) Approval may be necessary, especially if the project involves tree removal or significant landscaping changes.
• Multiple dwellings, commercial developments, or caravan parks: Require Development (Planning) Approval. Proceed to Step 2.

Patios

Please note: When planning a patio on a residential property, it's essential to adhere to standards set by the Residential Design Codes (R-Codes), the City's Residential Development Local Planning Policy, the Development in Housing Opportunity Areas Local Planning Policy, or any relevant structure plan.

Single houses or grouped dwellings: Patios generally do not require Development (Planning) Approval if they meet the following criteria:

• Open sides: The patio is open on two or more sides.
• Street setback: It complies with the minimum street setback required for your specific R-Code density (see below)
• Boundary setback:
  • Patios not exceeding 2.7m in height and 10m in length must be at least 450mm away from the boundary.
  • Patios exceeding 2.7m in height and/or 10m in length must meet the setback requirements specific to your R-Code density (see below). 
• Visual consistency: If it is visible from the street, the patio design is consistent with the existing house and suits the neighbourhood’s character.
• Open space and outdoor living area: The property still meets the open space and outdoor living area requirements for your R-Code density (see below).

Additional requirements for patios:

• Finished ground level: If the patio's finished ground level rises more than 500mm above natural ground level, such as in cases of raised decking.
• Boundary wall: A boundary wall positioned closer than 600mm to the side or rear boundary must be located behind the designated street setback and conform to specific criteria regarding its length and height.
• Higher dual-density R-Code: Patios affecting landscaping areas or necessitating tree removal in areas with a higher dual-density R-Code may be subject to further regulations.
• Structure Plan or Local Development Plan Areas: For properties within areas covered by a structure plan or local development plan, unique requirements may apply.

Not sure of your R-Code or if your property is in a structure plan area? Insert your address into our online mapping system to view the R-Code and structure plan details. Contact the City of you need assistance.

Setback requirements

The setback requirements depend on your property's R-Code density. 

Please note: 

• For dual-density codes, if the property is not developed to the higher density, adhere to the R20 setback requirements.
• For minimum side or rear setback, a boundary wall (where the wall is setback closer than 600mm to a side or rear boundary) may be permitted where it is behind the street setback and meets the length and height requirements of the R-Codes, Residential Development Local Planning Policy or Development in Housing Opportunity Areas Local Planning Policy (as applicable).

If your project does not comply with the requirements set out in Step 1 above, you will need to apply for Development (Planning) Approval. This requires submitting an application form, along with building plans and a cover letter. Application fees will apply.

For detailed information, refer to the Requirements for Planning Applications.

Neighbour's approval

Securing approval from your neighbours is not a prerequisite for applying for Development (Planning) Approval. However, the City will conduct a thorough review of your submission. Should there be potential for significant impact on adjacent properties, the City reserves the right to notify affected neighbours to evaluate any possible effects on local amenity.

Strata-titled properties

If you have a strata-titled property you may require a separate approval under the Strata Titles Act. Please contact Landgate for more information on Strata Titles.

Shade sails

Any shade sails that are attached to another building require a Building Permit, regardless of their size or height.

A Building Permit is not required for shade sails if they meet the following criteria:

• Standalone (not attached to any other structure)
• Cover an area no larger than 20m²
• Have a height not exceeding 2.4m.

Patio and louvred roof structures

A Building Permit is not required for a patio or louvred roof structure if it meets the following criteria:

• The structure is standalone.
• The size of the structure does not exceed 10m²
• The height of the structure is no greater than 2.4m.

To comply with the National Construction Code and ensure adequate fire separation, patios or louvred roof structures must meet specific setback requirements:

• A detached structure must be positioned at least 900mm away from the dwelling
• For structures attached to a dwelling, a minimum setback of 900mm from any boundary is necessary. This rule excludes boundaries that adjoin a road alignment or other public space.

Pergola

A Building Permit is not required for a pergola if it:

• Is no more than 20m² in size; and
• Does not exceed a height of 2.4m.

General construction guidelines

• Boundary conditions: Pergolas may be constructed up to the property boundary but should not contact or attach to dividing fences or neighbouring parapet walls. All construction activities, including footings, must remain within the property lines.
• Materials: Utilise high-quality metal or timber for the pergola framing, which may be freestanding or attached to an existing structure.
• Roofing: Use lattice, timber, shade cloth, or other permeable materials for the roofing to allow water passage.
• Support: Support the structure with posts, columns, or piers, ensuring it remains unenclosed by walls, cladding, panels, or similar materials.
• Second-hand materials: The use of second-hand materials requires prior approval from the City.

Specific considerations

• Proximity to boundaries: Pergolas can be positioned up to side or rear boundaries, provided no part of the structure or attached shade sails is fixed to dividing fences or encroaches on adjoining properties.
• Setbacks for vergolas: Maintain a minimum setback of 900mm from the roofline to any side or rear boundary and between the vergola and the dwelling for standalone structures.

You have two options when applying for a Building Permit:

• Certified application: Lodge a BA1 form, accompanied by a Certificate of Design Compliance (BA3 form) signed by a registered building surveyor, confirming compliance with building standards.
• Uncertified application: Lodge a BA2 form, accompanied with the Uncertified Building Application Checklist – Pergolas and Shade Sails (PDF) or Building Permit Checklist Patios (PDF).

You can download BA1 and BA2 forms from the Department of Energy, Mines, Industry, Regulation and Safety website. 

For more detailed information, including the application form, checklist, assessment process, and fees can be found on the Requirements for Building Applications page.